Publications

The ‘Right to Control’ Theory in Mail and Wire Fraud Prosecutions

New York Law Journal

The “right to control” theory of mail and wire fraud is one of the most challenging doctrines in white-collar criminal law. In this article, we discuss Judge Loretta A. Preska’s recent decision in United States v. Davis, in which Judge Preska analyzed the Second Circuit’s “right to control” decisions and concluded that a guilty verdict should be set aside. We also discuss practical steps defense counsel should consider when facing a mail or wire fraud prosecution premised on this doctrine.